Sex-Based Harassment and Title IX Notes for Institute Leaders

What is Title 9? A 1972 comprehensive law relating to educational rights Best known for equal access to school sports The (non-sports-related) section relevant to our discussion covers “Sex-based Harassment”. Under Title 9,: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination [in an educational setting].

What Does Title 9 Mean for GIV? As written, the law is directed at colleges and schools, and does not directly include GIV. However, it makes colleges responsible for knowing and reporting sex-based harassment that happens on their campuses. Leaves responsibility for defining and enforcing that to the colleges, each of which must have a designated “Title 9 Coordinator”. Colleges will have different interpretations of what Title 9 means for our Institutes on their campuses.

GIV Sex-Based Harassment Policy Although not mandated by Title 9, GIV and its staff have a legal and ethical requirement to protect students, employees and 3rd parties involved in the Institutes. GIV uses Title 9 as a guideline in recognizing and responding to sex-based harassment. GIV works in partnership with colleges to help them uphold their Title 9 responsibilities to the best of our ability.

Defining Sex-Based Harassment According to Title 9, sex-based harassment covers: Sexual harassment: unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.” Sexual violence: physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Gender-based harassment: unwelcome conduct based on an individual’s actual or perceived sex, gender identity or nonconformity with sex stereotypes. Does not necessarily involve conduct of a sexual nature.

What Does Harassment Look Like? Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating – thereby creating a “hostile environment”. Can occur between students, faculty, staff, and/or people outside the Institute.

Harassment or Not? Beyond the obvious, there are many “gray area” behaviors that can legitimately be interpreted as sex-based harassment. Are these examples of sexual harassment? A staffer repeatedly uses phrases to a student like “be a man” or “don’t be such a girl” A 20 y/o staffer sends sexually suggestive texts to another 20 y/o staff member A student or group of students tries to coerce another student into acting in a suggestive or lewd manner A group of participants makes repeated jokes about someone’s appearance or identity as related to gender.

GIV Institute Staff Responsibilities All Institute staff are responsible for reading the harassment policies in the Personnel policies, understanding what constitutes sex-based harassment, and refraining from actions that might be understood as sex-based harassment. If staff becomes aware of an incident of potential sex-based harassment, they are responsible for interceding to stop it (if possible to do so without harm). All staff are responsible for immediately reporting to their supervisor sex-based harassment that comes to their attention.

Institute Director Responsibilities GIV Institute Directors are responsible for: Training staff Addressing incidents as soon as they become aware of them Reporting incidents quickly to GIV HQ (in keeping with GIV’s Incident Reporting policy). Getting information to the host college’s Title 9 coordinator in accordance with their policy. If the Institute Director is a faculty member at the college, the Director may want to make that contact directly. Otherwise GIV HQ will handle this on your behalf.

Takeaways Preventing sex-based harassment is a major priority for GIV because we strive to ensure safety, comfort and an environment conducive to learning for everyone involved in GIV. Title 9 places special legal requirements on host colleges that may require our interaction with their Title 9 Coordinators. It is important to be vigilant about sex-based harassment and to bring any known or suspected incidences to the attention of GIV HQ. We can never train our Institute staff too much!